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(영문) 대구지방법원 상주지원 2014.04.29 2013고단559
교통사고처리특례법위반등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving the Poter, Postopostopos, and to cut down the Posto.

On November 18, 2013, the Defendant driving a vehicle under the influence of alcohol with a blood alcohol content of about 0.062% at the section of about 3 km from the Defendant’s dry field located in Gyeong-si around 18:05 to the roads adjacent to the Eup/Myeon office in the same Eup/Myeon located in the same Eup/Myeon area.

B. On November 18, 2013, the Defendant violated the Act on Special Cases Concerning the Settlement of Traffic Accidents (hereinafter “Special Cases Concerning the Settlement of Traffic Accidents”), driving of the above cargo vehicles at around 18:05, and making the intersection of the distance adjacent to the office of the Eup/Myeon at the king-si, Sin-si, to turn to the left from the side of the Sinsan Cultural Center at the

Since there is a three-distance intersection where traffic control is not performed, a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front-distance and to prevent accidents by accurately manipulating the steering system and brake system of the motor vehicle.

Nevertheless, the Defendant was negligent in neglecting it as stated in the above paragraph (a) and the victim D (year 76) who moved to the left side of the bicycle driven by the Defendant, who was driven by the Defendant on the left side of the said cargo vehicle, due to the negligence that he was driven by the Defendant while neglecting it.

Ultimately, at around 18:37 on the same day as above, the Defendant caused the death of the victim from the pulmonary damage accompanied by a cage cage cage cage at a F Hospital located in Dong-si, Seogyeong-si.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The circumstantial statement of the employee;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes concerning postmortem records;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, Article 268 of the Criminal Act, Article 148-2 (2) 3 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

1. The Criminal Act among concurrent crimes.

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